26.1-36-45. Health insurance coverage not required

26.1-36-45. Health insurance coverage not required 1. Regardless of whether a resident of this state has or is eligible for health insurance coverage under a health insurance policy, health service contract, or evidence of coverage by or through an employer or under a plan sponsored by the state or federal government, the resident is not required to obtain or maintain a policy of individual health coverage except as may be required by a court or by the department of health and human services through a court or administrative proceeding. 2. This section does not render a resident of this state liable for any penalty, assessment, fee, or fine as a result of the resident's failure to procure or obtain health insurance coverage. 3. This section does not apply to: a. An individual who voluntarily applies for coverage under a state-administered program pursuant to the medical assistance program under title XIX of the federal Social Security Act [42 U.S.C. 1396 et seq.] or the state's children's health insurance program under title XXI of the federal Social Security Act [42 U.S.C. 1397aa et seq.]. b. A student who is required by an institution of higher education to obtain and maintain health insurance as a condition of enrollment. c. An individual who is required by a religious institution to obtain and maintain health insurance. 4. This section does not impair the rights of an individual to contract privately for health insurance coverage for family members or former family members.